Agenda and minutes

Also in attendance:

Ms L Brewer, Solicitor, Legal and Democratic Services; and

Mr G Halsall, Business Support Officer, Legal and Democratic Services.

Members are asked to consider any Pecuniary and Non-Pecuniary Interests they may have to disclose to the meeting in relation to matters under consideration on the Agenda.

None were disclosed.

Resolved: That; the Minutes of the meeting held on the 18th July 2016 be confirmed as an accurate record and be signed by the Chair.

An item of urgent business may only be considered under this heading where, by reason of special circumstances to be recorded in the Minutes, the Chair of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency. Wherever possible, the Chief Executive should be given advance warning of any Member's intention to raise a matter under this heading.

It was noted that the paperwork for appeals 4028, 4034, 4055, 4070, 4074, 4089 and 4106 had only been finalised after the agenda had been circulated. As a result, the Chair had been consulted and had agreed that these appeals could be presented to the meeting under urgent business in order to avoid any delay in determining them.

Resolved: That, appeals 4028, 4034, 4055, 4070, 4074, 4089 and 4106 as circulated to the Members of the Committee, be considered alongside other appeals at the meeting.

The next scheduled meeting of the Committee will be held at 10.00am on Monday 3^rd October 2016, in room B56, 1^st Floor, County Hall, Preston.

It was noted that the next meeting of the Committee would be held at 10.00am on Monday the 3rd October 2016 in Room B15b (unless notified otherwise), County Hall, Preston.

The Committee is asked to consider whether, under Section 100A(4) of the Local Government Act 1972, it considers that the public should be excluded from the meeting during consideration of the following item of business on the grounds that there would be a likely disclosure of exempt information as defined in the appropriate paragraph of Part 1 of Schedule 12A to the Local Government Act, 1972 as indicated against the heading of the item and that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Resolved: That the press and public be excluded from the meeting under Section 100A (4) of the Local Government Act, 1972, during consideration of the following item of business as there would be a likely disclosure of exempt information as defined in the appropriate paragraph of Part 1 of Schedule 12A to the Local Government Act, 1972, as indicated against the heading of the item.

(Not for Publication – Exempt information as defined in Paragraphs 1 and 3 of Part 1 of Schedule 12A to the Local Government Act, 1972.  It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interests in disclosing the information).

Please note that due to the confidential nature of the information included in this report it will not be published on the website.

(Note: Reason for exclusion – exempt information as defined in Paragraphs 1 and 3 of Part 1 of Schedule 12A to the Local Government Act, 1972. It was considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information).

A report was presented in respect of 30 appeals against the decision of the County Council to refuse assistance with home to school transport. For each appeal the Committee was presented with a Schedule detailing the grounds for appeal with a response from Officers which had been shared with the relevant appellant.

In considering each appeal the Committee examined all of the information presented and also had regard to the relevant policies, including the Home to Mainstream School Transport Policy for 2016/17, and the Policy in relation to the transport of pupils with Special Educational Needs for 2013/14.

Appeal 4076 ('a' and 'b')

The Committee was informed that a request for transport assistance had initially been refused as the pupils ('a' and 'b' who were siblings in year 8 and year 10 respectively) concerned would attend a school 12.78 miles from the home address as opposed to the nearest suitable school with places available which was 1.72 miles away and was within statutory walking distance. The Committee noted that there would be many nearer schools closer to the family home than the one attended. The pupils were therefore not entitled to free transport in accordance with the Council's policy or the law. The family were appealing to the Committee on the grounds that they had extenuating circumstances to warrant the Committee in exercising its discretion and award transport that was not in accordance with the Council's policy or the law.

In considering the mother’s appeal the Committee noted that the family were forced to move out of their property by the Local Council with no say over which or where their next house would be given the current situation over the availability of housing. The Committee noted that the new address was more distant. However, the Committee also noted that the elder sibling was due to commence their GCSE studies from September 2016. In noting that the younger sibling was due to start year 8, the Committee felt that as the family were on a low income as defined in law, that it should make a temporary award for both siblings. The Committee felt that for the elder sibling it should make an award for the remainder of their secondary education. However, for the younger sibling the Committee felt that it could only make a temporary award for one year with a view to it being reviewed should the mother reapply for transport.

Therefore, having considered all of the mother's comments and the officer responses as set out in the Appeal Schedule, application form and supplementary evidence the Committee was persuaded that there was sufficient reason to uphold the appeal and provide temporary travel assistance for the pupils  ...  view the full minutes text for item 6.